COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
Index No. Calendar No.
FOR COURT USE ONLY
: : : : :
TELEPHONE NO: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS:
-against- NO. (Optional): FAX
CITY AND ZIP CODE:
Defendant(s) : ......................................................
SHORT TITLE: CROSS-COMPLAINANT:
THE PEOPLE OF THE STATE OF NEW YORK TO
DOES 1 TO
WE COMMAND YOU, that all business and excuses being laid CROSS-COMPLAINT--Personal Injury, Property Damage, Wrongful Deathaside, you and each of you attend before , the Honorable (Number): at the Court AMENDED County of Causes of Action (check all that apply): located at Apportionment of Faultthe Declaratory Relief , 20 in room , on day of , at o'clock in the noon, and at any recessed Indemnification or adjourned date, to testify and Otherevidence as a witness in this action on the part of the give (specify): CASE NUMBER: Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE ($25,000 or less) ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) It is is not comply with unlimited by this cross-complaint Your failure toreclassified asthis subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
1. CROSS-COMPLAINANT to comply. result of your failure (name): alleges causes of action against CROSS-DEFENDANT (name):
Witness, Honorable , one of the Justices of the Court in County, day of , 20 2. This pleading, including exhibits and attachments, consists of the following number of pages:
3. Each cross-complainant named above is a competent adult except cross-complainant (name): a. (Attorney must sign above and type name below) (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) a public entity (desciribe): (4) a minor an adult Attorney(s) for for whom a guardian or conservator of the estate or a guardian ad litern has been appointed (a) other (specify): (b) (5) other (specify):
Office and P.O. Address
Information about additional cross-complainants who are not competent adults is contained in Telephone No.: Cross-Complaint--Attachment 3.
Form Approved for Optional Use Judicial Council of California PLD-PI-002 [Rev. January 1, 2007]
Facsimile No.: E-Mail Address: Mobile Tel. No.: CROSS-COMPLAINT--Personal Injury,
Property Damage, Wrongful Death
Page 1 of 3 Code of Civil Procedure, § 425.12
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4. Each cross-defendant named above is a natural person a. except cross-defendant (name): (1) a business organization, form unknown (2) a corporation (3) an unincorporated entity (describe): (4) (5) a public entity (describe): other (specify):
except cross-defendant (name): (1) a business organization, form unknown (2) a corporation (3) an unincorporated entity (describe): (4) (5) a public entity (describe): other (specify):
Information about additional cross-defendants who are not natural persons is contained in Cross-Complaint--Attachment 4. 5. The true names and capacities of cross-defendants sued as Does are unknown to cross-complainant. 6. a. b. Cross-complainant is required to comply with a claims statute, and has complied with applicable claims statutes, or is excused from complying because (specify):
Cause of Action--Indemnification a. Cross-defendants were the agents, employees, co-venturers, partners, or in some manner agents or principals, or both, for each other and were acting within the course and scope of their agency or employment. b. The principal action alleges, among other things, conduct entitling plaintiff to compensatory damages against me. I contend that I am not liable for events and occurrences described in plaintiff's complaint. c. If I am found in some manner responsible to plaintiff or to anyone else as a result of the incidents and occurrences described in plaintiff's complaint, my liability would be based solely upon a derivative form of liability not resulting from my conduct, but only from an obligation imposed upon me by law; therefore, I would be entitled to complete indemnity from each cross-defendant.
Cause of Action--Apportionment of Fault a. Each cross-defendant was responsible, in whole or in part, for the injuries, if any, suffered by plaintiff. b. If I am judged liable to plaintiff, each cross-defendant should be required: (1) to pay a share of plaintiffs judgment which is in proportion to the comparative negligence of that cross-defendant in causing plaintiff's damages; and (2) to reimburse me for any payments I make to plaintiff in excess of my proportional share of all cross-defendants' negligence.
PLD-PI-002 [Rev. January 1, 2007]
CROSS-COMPLAINT--Personal Injury, Property Damage, Wrongful Death
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Cause of Action--Declaratory Relief An actual controversy exists between the parties concerning their respective rights and duties because cross-complainant contends and cross-defendant disputes as specified in Cross-Complaint--Attachment 9 as follows:
Cause of Action--(specify):
11. a. b. c. d. e. f.
The following additional causes of action are attached and the statements below apply to each (in each of the attachments, "plaintiff" means ''cross-complainant'' and ''defendant'' means ''cross-defendant"): Motor Vehicle General Negligence Intentional Tort Products Liability Premises Liability Other (specify):
CROSS-COMPLAINANT PRAYS for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. total and complete indemnity for any judgments rendered against me. b. judgment in a proportionate share from each cross-defendant. c. a judicial determination that cross-defendants were the legal cause of any injuries and damages sustained by plaintiff and that cross-defendants indemnify me, either completely or partially, for any sums of money which may be recovered against me by plaintiff. compensatory damages d. (1) (unlimited civil cases) according to proof. (limited civil cases) in the amount of: $ (2) e. other (specify):
The paragraphs of this cross-complaint alleged on information and belief are as follows (specify paragraph numbers):
(TYPE OR PRINT NAME) PLD-PI-002 [Rev. January 1, 2007]
(SIGNATURE OF CROSS-COMPLAINANT OR ATTORNEY)
CROSS-COMPLAINT--Personal Injury, Property Damage, Wrongful Death
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